Page No.# 1/6 vs The State Of Assam And 5 Ors
2024 Latest Caselaw 5706 Gua

Gauhati High Court

Page No.# 1/6 vs The State Of Assam And 5 Ors on 9 August, 2024

                                                                Page No.# 1/6

GAHC010099722022




                                                          2024:GAU-AS:7750

                      THE GAUHATI HIGH COURT
  (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                       Case No. : WP(C)/3559/2022

         TRISHNA BORGOHAIN CHETIA
         D/O- MUKUNDA BORGOHAIN
         R/O- VILLAGE GAON BHEPARA
         P.O AND P.S- DHEMAJI
         DIST- DHEMAJI, ASSAM,
         PIN-787057



         VERSUS

         THE STATE OF ASSAM AND 5 ORS
         REP. BY THE PRINCIPAL SECRETARY, , REVENUE DEPARTMENT TO THE
         GOVERNMENT OF ASSAM, ASSAM SECRETARIAT
         DISPUR, GUWAHATI-781006

         2:THE PANCHAYAT AND RURAL DEPARTMENT
          REP. BY THE COMMISSIONER
         ASSAM
          JURIPAR
          PANJABARI
          GUWAHATI-781037

         3:THE DEPUTY COMMISSIONER
          DHEMAJI DISTRICT

         4:THE ADDITIONAL DEPUTY COMMISSIONER (REVENUE)

          DHEMAJI DISTRICT

         5:THE MOUZADAR
          DHEMAJI
          MOUZA DHEMAJI
                                                                          Page No.# 2/6

           6:DIPAMONI SAIKIA KONWAR
            W/O- LATE KUSHAL KONWAR
           RESIDENT OF BHEPARA
           P.S- DHEMAJI
           MOUJA- DHEMAJI
           DIST- DHEMAJ

Advocate for the Petitioner : DR R C BORPATRA GOHAIN, MS U SHARMA,MR. S P
SHARMA,MR. S AHMED,MRS. S BORPATRA GOHAIN

Advocate for the Respondent : SC. REVENUE, MR. T GOGOI,GA, ASSAM,SC, P AND R.D.

                 Date of hearing                           : 07.08.2024.
                 Date of Judgment                          : 09.08.2024



                                BEFORE
                    HONOURABLE MR. JUSTICE BUDI HABUNG

                          :: Judgment and Order ::
                                   [CAV]

Heard Dr. R. C. Borpatra Gohain, learned senior counsel assisted by Mr. R. D. Phukan, learned counsel for the writ petitioner. Also heard Mr. J. Handique, learned Standing Counsel, P&RD Department for the respondent no. 1, Ms. P. Biswas, learned counsel appearing on behalf of Mr. S. Dutta, learned counsel for the respondent no. 2, Ms. M. Bhattacharjee, learned counsel for the respondent nos. 3, 4 and 5 and Mr. T. R. Gogoi, learned counsel for the respondent no. 6.

2. The petitioner by filing this writ petition under Article 226 of the Constitution of India has assailed the impugned appointment order No. DRG 72/2021-22/243 dated 23.03.2022 issued by the Deputy Commissioner, (Revenue), Dhemaji District by which the respondent no. 6 has been appointed as Gaon Pradhan of Lat No. 6, Bhepara Page No.# 3/6

Gaon, Bhepara Napam Telijan Gaon.

3. The case of the petitioner is that pursuant to an advertisement No. DRG. 71/2021-22/3/4140 dated 08.12.2021 inviting applications from intending candidates for the post of Village Headman/ Gaonbura of Lat No. 6, Bhepara Gaon, Bhepara Napam Telijan Gaon, the petitioner who claims to be eligible had participated along with 2(two) other candidates. Accordingly, the name of the petitioner along with two others including the respondent No.6 were recommended by the respondent no. 4 to the respondent no. 5 with a request to give its comment on the above candidates and to sent the report to the Office of the Deputy Commissioner, Dhemaji District, Dhemaji (respondent no.

3).

4. The learned counsel for the petitioner while referring to the rules which was published by the Gazette Notification dated 10.04.2018 namely the executive instructions under the Assam Land Revenue Regulation, 1886 (Amendment), 2018 has referred to sub clause 2 of rule 3 to the provisions concerning such recruitment which stipulates that the selection be made by a selection board consisting of the: (i) Deputy Commissioner/Principal Secretaries of Autonomous Council areas; (ii) Additional Deputy Commissioner (Revenue)/ Joint Secretary (Revenue) in council district; (iii) Circle Officer of the Revenue Circle within which the Goanbura area is located.

5. It is the specific case of the petitioner that the private respondent no. 6 was selected arbitrarily without following the selection process for constitution of a selection board as envisaged by the said notification. Hence, prays for setting aside and quashing of the said impugned Page No.# 4/6

appointment order of the respondent no. 6 dated 23.03.2022 and to direct for fresh selection for the post of Gaon Pradhan as per the selection procedure laid down in the Assam Land Revenue Regulation 1886 based on the list forwarded pursuant to the earlier advertisement.

6. On the other hand, both the learned counsels for the respondent nos. 3, 4 and 6 respectively while referring to the affidavits filed by them defended the appointment of the respondent no. 6 and submitted that the selection process of the appointment of Gaon Pradhan of Lat No. 6, Bhepara Gaon, Bhepara Napam Telijan Gaon was done after adopting due selection process as prescribed under the Assam Land Revenue Regulation Act, 1886. However, the learned counsel for the respondent No. 3 & 4 fairly submitted that the interview could not be conducted due to the Covid-19 pandemic. The learned counsels for the respondents further submitted that there is a provision under the Executive Instruction No. 162 C, whereby it is provided that an appeal against the order of appointment, suspension and dismissal of Gaon Burah by the Deputy Commissioner/Principal Secretaries of Autonomous council areas shall lie to the Provisional Commissioner within a period of 60 days from the date on which the appellant receives a copy of the order. In view of the above provisions, the petitioner has no right to challenge the selection order of the respondent no. 6 by way of filing writ petition under Article 226 of the Constitution of India before exhausting the available remedy under 162 C of the Executive Instruction under the Assam Land Revenue Regulation, 1886 (Amendment), 2018. The learned counsels for the respondents, however has conceded to the submission of the learned Page No.# 5/6

counsel for the petitioner and submitted that the matter may be disposed of with a direction for fresh selection for appointment to the post of Gaon Pradhan as per the selection procedure laid down in the Assam Land Revenue Regulation 1886 based on the list of three candidates already forwarded pursuant to the earlier advertisement.

7. Heard learned counsel for the parties, I have also carefully examined and considered the documents available on record.

8. A bare reading of the minutes dated 17.03.2022, it is discernible that the selection committee took note of the guidelines for selection/appointment/eligibility, etc and certain office orders have been duly consulted and after assessing the applications,the Committee was of the view that the enclosed list of the selected candidates were provisionally selected. However, no deliberation is indicated in the said minutes as to in what manner the inter-se comparison amongst the applicants were made so as to arrive at a conclusion that the respondent no. 6 was the suitable candidate for selection.

9. Be that as it may, since all the parties while expressing the urgency for early appointment of Village Headman for Bhepara Gaon, Bhepara Napam Telijan Gaon, taking into account of the welfare of the villagers have conscientiously agreed on the point that the matter be disposed of with a direction to the concerned authority to process for a fresh selection to the post of Gaon Pradhan as per the selection procedure laid down in clause 160, 162, 162 A, 162 C and 164 of the Assam Land Revenue Regulation, 1886 based on the advertisement issued earlier on 08.12.2021 and subsequent recommendation made by the respondent no. 4 to the respondent no. 5 dated 20.01.2021, I Page No.# 6/6

am inclined to dispose of the matter in terms of the conscientious agreement and submission made by the parties.

10. Accordingly, for the reason stated above, and as agreed upon by the learned counsel for the parties, the appointment of the respondent no. 6 by the impugned order no. DRG 72/2021-22/243 dated 23.03.2022 is hereby set aside. The respondent authority is directed to make a fresh selection for the post of Gaon Pradhan of Lat No. 6, Bhepara Gaon, Bhepara Napam Telijan Gaon as per the selection procedure laid down under the Executive Instruction under the Assam Land Revenue Regulation, 1886 basing on the advertisement issued on 08.12.2021 and the recommendation of three candidates made by the respondent no. 4 to the respondent no. 5 on 20.01.2022 within a period of 6(six) weeks from the date of receipt of a certified copy of this order.

11. With the above observation and direction, this writ petition stands disposed of. The stay order; if any, shall be merged with this order.

JUDGE

Comparing Assistant